College Child Support

When parents divorce, the immediate care of the child has to be considered, as well as future expenses. With college costs continuing to rise every year, many couples choose to include plans for your child’s college education in the divorce settlement.

Parents with younger children may choose to plan ahead and make contributions to a college savings fund before the child graduates high school. Planning can reduce the need for student loans and ease the financial burden for parents when it’s time for college.

Extended Child
Support Obligation

In some states, child
support doesn't end when a child reaches the legal age of child
support termination. If a child is planning on continuing with a college education, college support, also called post-secondary
or post-minority support, may be awarded by the court. Other states have no statutes
holding parents responsible for college support; however, parents who are concerned about
their child’s future may include provisions for a college education in the child support agreement.

College Support
Orders

College child support can be in addition to or as a replacement
for regular child support. In states
that have statutes holding parents responsible for the cost of a college
education, the divorce court may consider several child support factors.

The divorce court may require documentation of both parents’
income and resources, as well as any income or resources the child may
have. The court may also review the child’s aptitude, interests, wishes, goals and academic records. The educational
level of the parents and any siblings or half-siblings the child has may be taken into account too.

If a regular child support order is still valid while the
child is attending college, the paying parent may petition the
court to modify child support
based on the additional college expenses. Unless the original child
support order is
modified and a college support order exists, the paying parent is
generally responsible for the regular child support payments and
college child support.

College Support in Child Support Agreements

In states that do not require parents to pay for a child’s
college expenses, parents may negotiate the duties and financial
responsibilities in the child support agreement. The details should be specific about which parent pays for particular
college expenses and may include a spending cap.

A college support agreement may also limit financial support
to a set number of semesters and dictate the price range of the college
the child may attend. Any grants or
scholarships the child may receive should also be anticipated, and details about how to handle college child
support in the event of an award being included.

Provisions of the college child support agreement may also
be made so that parents give some of the responsibility of college to the
child. The agreement may specify the child should be partially responsible for tuition, books or
other expenses if a grant or scholarship is not received. Parents may also require the child to take a
certain number of credit hours per semester and maintain a minimum grade point
average for college child support to continue. The agreement may include requirements
that each parent be provided with information about the child’s progress,
course load and grades while college child support is paid.

Contact a Divorce
Lawyer about College Child Support

College expenses put many people in debt. Work with a local divorce lawyer to find out how you and your spouse can split the burden of college support. Call 877-349-1310 or
fill out a divorce case review form to get started. Make sure your child can go to college by learning more about your future after divorce.

The above summary of college child support is by no means
all-inclusive and is not intended to serve as legal advice. Laws may
have changed since our last update. For the latest information on child
support laws, speak to a local divorce lawyer in your state.